RAKESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri V. S. Singh and Sri Vishwajeet Singh, learned Counsel for the applicant and learned A. G. A.

(2.) THIS application has been filed with a prayer to quash the proceeding against the applicant in Criminal Case No. 2283 of 2007 arising out of charge-sheet submitted in Case Crime No. 533 of 2007, P. S. Sarai Lakhansi, District Mau under Sections 498-A, 304-B, 120-B, 506 and 201 IPC and Section 3/4 D. P. Act pending in the Court of learned C. J. M. , Mau. It is contended by learned Counsel for the applicant that the applicant is elected Pradhan of Gram Panchayat Rakauli, he was having no concerned with the family members of the husband of the deceased and he was having no concerned with the demand of dowry and subjecting the deceased to the cruelty. The only allegation against the applicant is of conspiracy of destroying the evidence which is punishable under Section 120-B, IPC but during investigation no such evidence has been collected by the I. O. to substantiate this allegation. Simply it has been alleged by the first informant that the dead- body of the deceased was disposed of on account of conspiracy hatched by the applicant which is also based on hearsay information of the villagers, even on the basis of the material collected by the I. O. no offence against the applicant under Sections 498-A, 304-B, 120-B, 506 and 201, IPC is made out. Therefore, the prosecution of the applicant is illegal, the proceeding arising out of charge-sheet submitted in the present case, may be quashed against the applicant.

(3.) HOWEVER, it is directed that in case applicant has not been released on bail, he shall appear before the Court concerned within 30 days from today, if they applies for bail, the same shall be heard and disposed of expeditiously if possible on the same day.